Patna High Court
Arun MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The petition is dismissed as the impugned pension revision order was withdrawn, thereby redressing the petitioner’s grievance.
Summary
Arun Mandal, a retired government employee, filed a writ petition challenging an order dated 14 August 2023 (Letter No. 739) issued by the Accountant General that sought to revise and recover his pension after more than eight years of receipt. He contended that such a belated revision violated the principles of natural justice and sought its setting aside. The State of Bihar, through its counsel, submitted that the impugned letter had been withdrawn, citing a subsequent letter dated 6 October 2023 from the Accountant General. Relying on this withdrawal, the court held that the petitioner's grievance was effectively redressed. Consequently, the court disposed of the writ petition without granting any relief.
Issues considered
- Whether an order revising a pension after more than eight years can be set aside on the ground of violation of natural justice.
- Whether the withdrawal of the impugned order constitutes sufficient redress to the petitioner.
Subjects
- pension revision
- natural justice
- writ petition
- administrative order
- withdrawal of order
- belated revision
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.319 of 2024
======================================================
Arun Mandal S/o Late Etwari Mandal, R/o Mohalla- Satipura, Kulkuliya,
Choudhary Tola, ward no. 13, P.S.- Kahalgaon, Dist- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Water Resources
Department, Govt. of Bihar, Patna.
2. The Chief Engineer (Mechnical), Water Resources Department, Govt. of
Bihar, Patna.
3. The Superintending Engineer (Mechanical), Irrigation Mechanical Circle,
Bhagalpur.
4. The Executive Engineer Field Mechanical Division, Bhagalpur.
5. The Accountant General, A and E, Mahalekhakar Bhawan, Birchand Patel
Path, Patna- 800001.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Respondent/s : Mr.Ajit Kumar (Ga 9)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
5 13-03-2026 In the instant petition, petitioner has prayed for the
following relief(s):-
“That the present writ petition
is being filed for issuance of
order/orders, direction/directions, to the
authority concerned setting aside the
order dated 14.08.2023 vide letter no.
739 (Annexure 4) because the
accountant general sent as letter for
revise the pension and wants to recovery
from the pension, the petitioner has
already been retired on 31 January,
2015 and pension has been issued to the
petitioner and according to that, the
petitioner has received his pension after
retirement, the petitioner has got pension
till today and other retiral benefit also
been paid to the petitioner. In such
Patna High Court CWJC No.319 of 2024(5) dt.13-03-2026
2/2
circumstance, your lordship may pass
appropriate order according to law
because the department is going to
revise/reduce the pension after crossing
of more than 8 years, such a belated
period and it may be set aside the order
dt 14.08.2023 and in the mean the action
of order dt14.08.2023.may stay and pass
appropriate order according to law as
per principle of natural justice.”
2. Counsel for the petitioner, by referring to
Annexure-K of the counter affidavit, submits that the impugned
letter dated 14.08.2023, as contained in Letter No. 739, has
already been withdrawn, and the reference can be made from the
letter dated 06.10.2023 issued by the office of the Accountant
General.
3. In view of the submission made by counsel for the
State in reference to Annexure-K, the grievances of the
petitioner is redressed, and accordingly, the instant writ petition
stands disposed of.
(Ajit Kumar, J)
abhishekkr/-
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